Under the Party Wall etc. Act 1996, the building owner normally pays the costs of the party wall award and the surveyors' reasonable fees, including the fees of the adjoining owner's surveyor and the schedule of condition. The adjoining owner normally pays nothing for the standard process. The surveyors decide who pays in the award, and there are limited exceptions: work that is needed because of a defect both owners share, extra work the adjoining owner asks for, and costs caused by unreasonable conduct.
Last updated: 5 October 2026
Table of contents
- The default position
- What the building owner pays for
- What the adjoining owner pays for
- The 3 exceptions where the adjoining owner contributes
- How fee disputes are resolved
- Typical cost allocation situations
The default position
The default position is straightforward. The building owner, the party carrying out the works, normally pays the costs of the party wall award and the surveyors' reasonable fees. That includes the fees of the surveyor acting for the adjoining owner. In the standard process the adjoining owner pays nothing.
Strictly, the Act deals with this in two places. Section 11 sets out who pays for the work itself: the general rule is that the building owner pays, with some exceptions where costs are shared. The costs of the award, including the surveyors' fees, are decided by the surveyors in the award, and they normally fall on the building owner.
This default exists because the building owner is the party choosing to carry out the works. The adjoining owner did not ask for the works and would be unfairly burdened with surveying costs they did not cause. The Act protects the adjoining owner from that cost, while an impartial process protects their property.
What the building owner pays for
In the standard process, the building owner normally pays for the following.
- The building owner's own surveyor's fees.
- The adjoining owner's surveyor's reasonable fees. Paid by the building owner, not the adjoining owner. If both owners agree on a single agreed surveyor, the building owner normally pays that surveyor; the cost is not shared.
- The schedule of condition. Prepared as part of the award process.
- Drafting and serving the award.
- The third surveyor's fees, if a matter is referred to them. The third surveyor decides who pays, and it is normally the building owner.
- Post-completion damage inspection, where the award provides for one.
- Making good any damage caused by the works. The building owner must compensate for loss or damage arising from works in pursuance of the Act (section 7(2)). The adjoining owner can instead ask to be paid the cost of making good (section 11(8)).
- Any works the award requires to protect the adjoining property, for example temporary weatherproofing during the works.
Our fees as building owner's surveyor
Our building owner fees, per adjoining owner, are: Party Wall Notice £100*, Schedule of Condition £500* and Party Wall Award £800*.
*Fees shown are for typical homeowner projects. More complex matters, for example those involving a checking engineer, section 10(4) notices and appointments, section 11 enclosure costs or security for expenses, and larger buildings in single ownership, carry additional charges. These are confirmed before work starts.
As adjoining owner's surveyor, our reasonable fees are normally paid by the building owner under the Act. Those fees are not fixed; they depend on the work the matter needs.
What the adjoining owner pays for
In the standard process, the adjoining owner pays nothing. There are no fees and no contributions for the surveyor process.
The only costs the adjoining owner might choose to take on are:
- Independent legal advice (optional, not required by the Act)
- Their own structural engineer's review (rare, optional)
- Time off work for site visits (their own time, not reimbursed)
None of these are required by the Act. The adjoining owner can go through the entire party wall process without paying any direct cost.
The 3 exceptions where the adjoining owner contributes
There are three situations where the adjoining owner may have to contribute. Each is narrow and depends on the circumstances.
Exception 1: Work needed because of a shared defect
Where work to a party structure is needed because of a defect or want of repair, and both owners make use of the structure, section 11 allows the cost of that work to be shared. The share reflects the use each owner makes of the structure and their responsibility for the defect.
For example, a party wall may already be in poor repair on both sides. If the building owner's works include repairing it, the surveyors may decide that part of the repair cost should fall on the adjoining owner, because the repair benefits a structure both owners use.
Exception 2: Extra work requested by the adjoining owner
If the adjoining owner asks for additional work that is not needed for the building owner's works, the adjoining owner can be asked to pay for that additional element. The building owner is not liable for work they do not need.
For example, a building owner excavating a basement will normally pay for a schedule of condition of the neighbour's side of the party wall. If the adjoining owner asks for a full structural survey of their whole house, including parts the works cannot affect, the surveyors may decide that the adjoining owner pays for that extra survey.
Exception 3: Costs caused by unreasonable conduct
The surveyors who make the award decide who pays the costs of the award. If the adjoining owner causes additional cost through unreasonable conduct (for example, repeatedly refusing access without justification or repeatedly changing their position), the surveyors can direct that the adjoining owner pays the costs that conduct caused.
This is rarely used and the bar is high. Genuine disagreement, requests for clarification and reasonable concerns do not count as unreasonable conduct.
How fee disputes are resolved
Only reasonable fees can be awarded. If the building owner thinks the adjoining owner's surveyor's fees are unreasonable, the first step is for the two surveyors to discuss it. If they cannot agree, either surveyor or either owner can refer the question to the third surveyor, who reviews the work done and the time involved and decides a reasonable fee.
An award, including a decision on fees, can be appealed to the county court by either owner within 14 days of it being served. An appeal can challenge the merits of the decision as well as how it was made.
Surveyors' fees awarded under the Act are recoverable as a civil debt under section 17.
Typical cost allocation situations
The situations below are general illustrations of how costs normally fall. They are not accounts of particular clients.
Situation A: Rear extension, one adjoining owner, no dispute about the works. The building owner pays their own surveyor, the adjoining owner's surveyor's reasonable fees and the schedule of condition. The adjoining owner pays nothing.
Situation B: Basement excavation, one adjoining owner, damage reported after the works. The building owner pays both surveyors, the schedule of condition and the damage inspection, and must make good the damage caused by the works, or pay the adjoining owner the cost of making good if they ask for that instead. The adjoining owner pays nothing.
Situation C: Loft conversion on a mid-terrace, two adjoining owners. Each adjoining owner needs their own notice, and usually their own schedule of condition and award. The building owner pays for both. The building owner normally pays reasonable surveyor costs; appointment terms and the award need checking.
Situation D: Rear extension where the adjoining owner asks for an extra roof inspection the works do not need. The building owner pays for the standard process. The surveyors may decide that the adjoining owner pays for the extra inspection they asked for.
What Section 11 actually covers
Section 11 of the Party Wall etc. Act 1996 is often quoted as making the building owner pay for everything. That overstates it. In plain English:
- The general rule is that the building owner pays the expenses of work carried out under the Act.
- Some costs can be shared, for example where work is needed because of a defect or want of repair and both owners use the structure, or where the adjoining owner asks for extra work for their own benefit.
- Payment in lieu of making good: where the building owner must make good damage, the adjoining owner can ask to be paid the cost instead (section 11(8)). The duty to make good damage itself comes mainly from section 7(2).
The costs of the award and the surveyors' fees are a separate matter. The surveyors decide them in the award, and the building owner normally pays them. For reasonable dispute costs, read section 10(13); section 11 separately covers expenses of the works.
How to challenge an unfair fee allocation
Where one owner believes costs have been allocated unfairly, these steps are available.
- Discussion between the surveyors. The fastest and cheapest route. Each surveyor sets out their view of who should pay and why.
- Referral to the third surveyor. If the surveyors cannot agree, the third surveyor decides the question in an award.
- Appeal to the county court. Either owner can appeal an award within 14 days of it being served. An appeal can be on the merits, not only on procedural errors.
Building owner budget planning
Building owners should treat party wall costs as a line in the project budget from the start. Treating them as an afterthought often leads to overruns. For a typical project, budget for:
- Your own surveyor's fees for each adjoining owner: notice, schedule of condition and award.
- The adjoining owner's surveyor's reasonable fees, if your neighbour appoints their own surveyor.
- Any checking engineer or further appointments, which are among the more complex matters that carry additional charges.
- A post-completion damage inspection, where the award provides for one.
- A contingency for making good any damage caused by the works.
For a loft conversion on a terraced property with two adjoining owners, the surveying costs roughly double, because there are two sets of notices, schedules and awards. Basement excavation needs closer attention to the schedule of condition, may need monitoring, and carries a higher risk of damage, so a larger contingency is sensible.
Most projects cause no damage and the contingency goes unspent. Discuss the risk of damage for your type of works with your surveyor at quote stage so you can budget realistically.
From the adjoining owner's perspective: understanding your protections
Adjoining owners often assume that engaging with the party wall process will cost them money. In the standard process it does not. The building owner normally pays the surveyors' reasonable fees and the schedule of condition, and must make good any damage the works cause.
This applies whether you consent or dissent. If you dissent, you can appoint your own surveyor, whose reasonable fees the building owner normally pays. If you consent, no surveyors are needed. Either way, the standard process costs you nothing.
For party structure and excavation notices, absence of written consent within 14 days triggers the dispute procedure. Section 1 new-wall notices have different consequences. Where a dispute arises, owners appoint an agreed surveyor or separate surveyors; section 10(4) addresses refusal to appoint and neglect for ten days after a written request.
The situations where an adjoining owner may pay are limited: a share of work needed because of a defect in a structure you both use, extra work or surveys you ask for that the works do not need, or optional legal advice.
There are three good reasons to engage with the process. First, the schedule of condition is the record that shows which damage is new; if you refuse access for it, it becomes much harder to show that damage was caused by the works. Second, the award sets out how the works proceed, including working hours and access; engaging lets you raise concerns with the surveyors before it is made. Third, you choose the surveyor who inspects your property and agrees the award with the building owner's surveyor. Party wall surveyors must act impartially and decide matters under the Act, so you get a fair process at no cost to you.
Cost allocation as a foundation of the Party Wall Act
The default that building owners normally pay the costs of the process is not arbitrary. It is what makes the Act workable. Without it, adjoining owners would face costs whenever a neighbour planned works affecting a party wall, which would discourage them from engaging and undermine the dispute resolution process. By placing the normal costs on the party choosing to carry out works, the Act lets adjoining owners use its protections without financial penalty.
Both owners benefit from understanding that the cost rules are not adversarial. They are a balance that allows works to go ahead while protecting the adjoining property at fair cost to the building owner.
The bottom line
The building owner normally pays the costs of the party wall award and the surveyors' reasonable fees, including the adjoining owner's surveyor and the schedule of condition, and must make good any damage the works cause. The adjoining owner normally pays nothing. Three narrow exceptions apply: work needed because of a defect in a shared structure, extra work requested by the adjoining owner, and costs caused by unreasonable conduct. Fee disagreements go to the third surveyor, and an award can be appealed to the county court within 14 days of service.
Get a clear party wall quote from London Party Wall Surveyors at londonpws.co.uk/appoint-londonpws-surveyor/ or call Jasmeet on 020 7050 0715. Cost allocation is explained at quote stage, and you are kept updated at every stage from notice to the final award.
Sources
- Party Wall etc. Act 1996, Section 11, legislation.gov.uk
- Party Wall etc. Act 1996, Section 10, legislation.gov.uk
- Party Wall etc. Act 1996, Section 17, legislation.gov.uk
Published fees apply to typical homeowner projects, per adjoining owner. Complex work carries additional charges; Land Registry searches and postage may apply. Additional Awards on the same project are charged at 50% of the standard fee. Scope and fees are confirmed before instruction.